Wakilii

Serebe Apollo v Electoral Commission (Election Petition Appeal No. Miscellaneous Application No. 2 of 2021; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021) [2

Court of Appeal Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Applications for stay of execution (swearing in) and interim order pending hearing of a main application
Decision
Status quo maintained pending hearing and final disposal of the main application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On applications to stay the swearing in of an elected official pending determination of a main application, the respondent's counsel conceded that the status quo should be maintained until the decision in the main application. The Court agreed that the status quo ought to be preserved to facilitate the hearing and final disposal of the main application, and ordered that costs abide the result of the main application.

Outcome

Status quo maintained pending hearing and final disposal of the main application

Facts

The applicant filed Election Petition Application No. 2 of 2021 seeking an order to stay the swearing in of Kitandwe Amir, the elected LC1 for Nsagu Central Cell, pending the hearing of an application to set aside the Court's decision in Election Misc. Application No. 2 of 2021, which arose from Election Appeal No. 5 of 2020. He also filed an application for an interim order to the same effect. When the main application came up for hearing, it was adjourned for judgment on notice. The Court then heard the two applications for stay of execution. Counsel for the respondent conceded that the status quo should prevail until the decision in the main application is delivered.

Issues

  1. Whether the status quo should be maintained pending the hearing and disposal of the main application.

Orders

  • The status quo shall be maintained pending the hearing and final disposal of the main application (No. 1 of 2021).
  • Costs shall abide the result of the main application.

Rules and key headnotes

Civil Procedure — Stay of Execution — Maintenance of Status Quo Pending Determination of Main Application
Where the respondent concedes, the court may order that the status quo be maintained pending the hearing and final disposal of the main application, so as to facilitate its proper determination.

Full judgment

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Serebe Apollo v Electoral Commission (Election Petition Appeal No. Miscellaneous Application No. 2 of 2021; Election Petition Appeal No. Miscellaneous Application No. 3 of 2021) [2
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.